Savage v. Savage
Oregon Supreme Court
From Marion : George H. Burnett, Judge. Action by John Savage, Sr., against John Savage, Jr. and another. The complaint states, in effect, that on December 12, 1891, the plaintiff lent to defendants $3,000 in United States gold coin, which, they promised to repay within one year, in like coin, with interest from date at the rate of eight per cent, per annum, and also that they would pay all taxes assessed and levied upon said money ; that, as evidence of said loan, the…
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From Marion : George H. Burnett, Judge. Action by John Savage, Sr., against John Savage, Jr. and another. The complaint states, in effect, that on December 12, 1891, the plaintiff lent to defendants $3,000 in United States gold coin, which, they promised to repay within one year, in like coin, with interest from date at the rate of eight per cent, per annum, and also that they would pay all taxes assessed and levied upon said money ; that, as evidence of said loan, the defendants executed and delivered to plaintiff their promissory note, a copy of which is set out. The note runs : “One year…
1Opinion of the CourtChief Justice Wolveeton
1. It is first insisted that the court erred in overruling the demurrers to the complaint, but, inasmuch as the defendants have answered over, we can only consider whether the complaint is sufficient after verdict. The *272contention is that, having brought his action upon an express contract, which appears to have been purposely-altered, plaintiff cannot recover against the defendant Frank Savage upon an implied promise. This proposition assumes that the complaint is based upon the note, while, upon the other hand, it is contended that the action is founded upon the original consideration, and…
2Cases cited19 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Booth v. MoodyOregon Supreme Court · 1896
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Olds v. CaryOregon Supreme Court · 1886
- Black v. SippyOregon Supreme Court · 1888
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Goldwater v. OltmanCalifornia Supreme Court · 1930
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Salmi v. Columbia & N. R. R.Oregon Supreme Court · 1915
- Patterson v. PattersonOregon Supreme Court · 1902
- Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
16 more not listed; retrieve them via the Exa API.